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STATE, EX REL., v. UNITED ROYALTY CO.

No. 41,685

188 Kan. 443 (1961)

363 P.2d 397

THE STATE OF KANSAS, ex rel., WILLIAM M. FERGUSON, Attorney General, Appellant, v. THE UNITED ROYALTY COMPANY, a Common Law Trust, Appellee.

Supreme Court of Kansas.

Opinion filed July 8, 1961.

Attorney(s) appearing for the Case

Ford Harbaugh, of Wellington, and George Templar, of Arkansas City, argued the cause, and William M. Ferguson, attorney general, was with them on the briefs for the appellant.

Kirke W. Dale, of Arkansas City, argued the cause, and Donald Hickman, of Arkansas City, David W. Carson, of Kansas City, and G.C. Spillers, of Tulsa, Oklahoma, were with him on the briefs for the appellee.

Roetzel Jochems, and 84 other unitholders of United Royalty Company, Emmett A. Blaes, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogard, Cecil E. Merkel, John W. Brimer, Harry L. Hobson, and Bruce W. Zuercher were on the briefs amici curiae.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by the state in a quo warranto action from the judgment of the trial court awarded to defendant, and from all rulings, decisions, orders, and findings and conclusions of that court including the overruling of the state's motion for new trial.

On January 11, 1951, the state filed a petition which alleged:

Defendant, the United Royalty Company (hereinafter referred to as United...

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